Legal Question in Credit and Debt Law in California
Hi, I was sued by Cap1 for a credit card debt of $4k. I hired an attorney to represent me. His agreement stated that if he got the case dismissed, he would recieve a $1200 'bonus.' I was more than happy to pay him that if he could get the case dismissed. Cap1's attorney wouldn't agree to a settlement that I could afford, a trial date was set, and my attorney somehow was able to get the case dismissed without prejudice. Now, I find out after paying him his 'bonus' that Cap1's attorney or another debt collector, can refile the case all over again, and I'd be back to square one...after paying over $2500 in attorney fees and court costs, I feel that I've been snookered by my attorney. What should I do?
3 Answers from Attorneys
Most bankruptcy attorneys that I would might have charged your $2500 or less to file a Chapter 7 bankruptcy and deal with all of your debt problems. it is difficult to comment with reading the fee agreement and not knowing how much work your attorney did, something doesn't sound right when you pay $2500 in legal fees on a $4000 debt that was resolved.
I would contact the attorney to discuss your concerns about how the matter was handled and how much was charged. The attorney might offer a reasonable explanation or perhaps even a partial refund. If you are not satisfied, you might contact the California State Bar to file a complaint or file a small claims lawsuit to seek at least a partial refund.
What does the fee agreement say, specifically, about the dismissal.
Contact your county bar association and request a fee arbitration to determine what the proper fee would be. The attorney MUST participate if you request it.
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